Terms of Service & Policies
Last updated: June 11, 2026
These Terms of Service ("Terms") govern all services, consultations, websites, builds, monthly care plans, and any related work ("Services") provided by Montaire ("we", "us", "our") to you, the client ("you", "Client"). By booking a call, paying an invoice, submitting a contact form, or otherwise engaging Montaire, you agree to these Terms in full. If you do not agree, do not use the Services.
1. Acceptance & Binding Agreement
Booking a call, paying a deposit or invoice, or sending project materials constitutes acceptance of these Terms and forms a binding agreement between you and Montaire. You confirm you are at least 18 years old and legally authorized to enter into this agreement on behalf of yourself or the business you represent.
2. Scope of Work
The specific deliverables, timelines, and pricing for each project are defined in the package you select (Starter, Growth, Professional, Elite, or a Monthly Care Plan) or in a written quote provided by Montaire. Anything not explicitly listed in your selected package or quote is considered out-of-scope and may incur additional fees. Verbal promises are not binding — only written confirmation from Montaire counts.
3. Payment Terms
- Project fees are due in full before launch unless a written payment plan is agreed in advance.
- Monthly Care Plans are billed in advance and auto-renew until cancelled in writing with at least 7 days' notice.
- Late payments may result in immediate suspension of the website, hosting, or any active services without further notice.
- All prices are in USD. You are responsible for any taxes, bank fees, chargeback fees, or currency conversion fees.
4. Refund Policy (No Refunds After 3 Days)
All sales are final 3 days after payment. You may request a refund within 72 hours of your initial payment only if no design work, planning calls, or development has begun. Once work has started — including discovery, wireframes, design drafts, code, or asset creation — payments are non-refundable regardless of the stage of the project.
Monthly Care Plans are non-refundable for the current billing cycle. Cancellation stops future renewals but does not refund the current month.
Chargebacks filed without first contacting Montaire in good faith to resolve the issue are considered a breach of these Terms and may be disputed with evidence of work performed.
5. Client Responsibilities
- Provide accurate, lawful content (text, images, logos, brand assets) in a timely manner.
- Respond to requests for feedback, approvals, and information within 5 business days. Projects delayed more than 30 days due to client non-response may be paused or closed without refund.
- Warrant that all content you provide is owned by you or properly licensed, and does not infringe any third-party intellectual property, privacy, or publicity rights.
6. Revisions & Change Requests
Revisions are limited to the number specified in your package. Additional revisions, redesigns, scope changes, or rush requests are billed at our standard hourly rate, quoted in writing before work begins.
7. Intellectual Property
Upon receipt of full payment, you receive a non-exclusive, worldwide license to use the final delivered website for your business. Montaire retains ownership of all underlying code frameworks, templates, design systems, and tools used to build the site, and reserves the right to display the project in our portfolio and marketing materials unless you request otherwise in writing before launch.
8. Third-Party Services
Your project may rely on third-party services (hosting, domains, payment processors, analytics, email providers, AI services, etc.). Montaire is not responsible for outages, price changes, policy changes, data loss, or discontinuation of any third-party service. You are responsible for maintaining your own accounts and payment methods with these providers.
9. Warranty Disclaimer
THE SERVICES AND ANY DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, UPTIME, REVENUE, SEO RANKINGS, CONVERSION RATES, OR BUSINESS RESULTS. Montaire does not guarantee any specific search engine position, traffic level, sales volume, or financial outcome.
10. Limitation of Liability
To the maximum extent permitted by law, Montaire's total liability to you for any and all claims arising out of or related to the Services — whether in contract, tort, negligence, strict liability, or otherwise — shall not exceed the total amount you paid to Montaire in the three (3) months immediately preceding the event giving rise to the claim. In no event shall Montaire be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to lost profits, lost revenue, lost data, business interruption, or loss of goodwill, even if Montaire has been advised of the possibility of such damages.
11. Indemnification
You agree to indemnify, defend, and hold harmless Montaire, its owners, contractors, and affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) content you provided; (b) your use of the delivered website; (c) your violation of these Terms; or (d) your violation of any law or any rights of a third party.
12. Acceptable Use
You may not use the Services to build, host, or promote anything unlawful, fraudulent, defamatory, hateful, sexually explicit, infringing, or harmful. Montaire reserves the right to refuse, pause, or terminate any project that violates this policy, with no refund.
13. Confidentiality
Both parties agree to keep confidential any non-public business, technical, or financial information shared during the engagement, and to use it only for the purpose of delivering the Services.
14. Termination
Either party may terminate the engagement in writing. If you terminate, all payments made remain non-refundable and any outstanding balance for work completed becomes immediately due. Montaire may terminate immediately for non-payment, abusive behavior, illegal requests, or breach of these Terms.
15. Communication & Conduct
We expect respectful, professional communication. Harassment, threats, abusive language, or repeated unreasonable demands are grounds for immediate termination of the engagement without refund.
16. Force Majeure
Montaire is not liable for any failure or delay caused by events beyond reasonable control, including natural disasters, internet or hosting outages, third-party service failures, illness, government action, or acts of war.
17. Governing Law & Dispute Resolution
These Terms are governed by the laws of the United States and the state in which Montaire operates, without regard to conflict of law principles. Any dispute shall first be addressed through good-faith written negotiation. If unresolved within 30 days, disputes shall be resolved by binding individual arbitration — not in court and not as a class action. You waive any right to a jury trial or to participate in a class action against Montaire.
18. Privacy
Information you submit through website request and contact forms (name, email, phone, project details) is used only to respond to your inquiry and deliver the Services. We do not sell your data. We may send you transactional emails such as request confirmations and project updates.
19. Changes to These Terms
Montaire may update these Terms at any time. The "Last updated" date above reflects the current version. Continued use of the Services after changes constitutes acceptance of the new Terms.
20. Entire Agreement
These Terms, together with any written quote or package description, constitute the entire agreement between you and Montaire and supersede all prior discussions, proposals, or agreements. If any provision is found unenforceable, the remaining provisions stay in full effect.
Not legal advice. This page is a general template to protect Montaire in everyday client work. For situations involving large contracts, regulated industries, or specific legal risk, consult a licensed attorney in your jurisdiction to review and adapt these Terms.